Grant of Easement Storm Drainage 1988-593184
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'r:fi_. ..,. RECORDEO hi ~.,,- -
OfTiCfAl'RF"COROS
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IfECORDINGREOUESTED BY
fJCORTlfl:tili~2[:rr;~i:!C~ r.,,;iciiWJY Or-ClIlIFORNIA
RECORDJ)'1GREQUESTED BY:
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CITY OF POWAY
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88NOV-1i'7 PH:3:i4Q
I VERA LLYLE,;_ I
[COUNTY RECOROIf!LJ
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No FEE
This space for Recorder's use,
TiUeOrder No. he., 2.3 (,,::3 - Z4i
Tax 'Parcel No.
NO DOCUMENTARY TRANSFER TAX
.GRANT OF EASEMENT
STORM DRAINAGE EASEMENT
.stl!llg.f1J:~ Pacific, L.P., a Delaware Limited partnership (hereinafter
"G"RANT.OR''') her"eby grants to' CITY OF POWAY. (hereinafter "G~TgEn),-
its ~uCC;:_ElSso]:s, o"r ~assigns., :the following describedeaseme,n:t "for a
IC19J:l..t .9Lw~y ;6IJ59_ feet 'in wld:tp. '0 in , Upon,- 'ove!?', ..under an:dacto"sso-- ~
the ,1ands.descr-i'bed 'below ,to' erec-C: cons'lruct , reconstruct,
,replace,repair , maintain, ;and use a pipeline or, pipelinesfo!:, any
Cipd acll .purposes, toget.her w.ith StIch fi.xJures and appurtenances,
includfng, but not limited to ,facilittes.- for power transmission
and communication putpo,ses, at such lOCCitions ahd' elevations, up6n,
along, over and uhderthe right of way desctibed below a GRANTEE
may how or hereafter determine in its s'olediscretion withbut any
additiohal compehsatiohtherefor, together with the right of
ingress aml egressfro]l tl1,eea,,<?menj: 9Y a! pr:8:ctic~1To:ute or routes
iI.l,,~upon, 'over" or Cicross the land describ?dbelow, together with
the right to use this eas,~ment for access,fo .GRANTEE's rights of
way sU,uated in adj'acentlands, ,without any additional compensation
therefo.t,.
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The .land encompassing, this easement is si,tuated in the CbuIltyof
,San Diego, State of California, and is more particularly oescribed
~~ follows, to wit: ' ~
~. r\'" -1'..,')..... 11""l1l1!'}.tilll:t lh~i'~~Ji;t~"_J .'~
.-".. "-r'''' .'lC.~i""~\-:\ 'i,'i\~ \".IHH~~ -l;V .\.1,.~\; b~ \, _' .~.~ _.t- '. .
rll'f~r:-ot' 2'47, 'of" c::ftY of poway Tract 'No; 41'91-3BR in the City of
Poway, County 'of San Diego, State of California, according to
Map No. 12082 recorded 'in the office of the County Recorder of
San Die-go County on May 27, 1988.
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fja~id easement: o"f right of way in the aforesaid ,lands isparticu-
larly described as follows:
That portion of Lot 247 of City of poway Tract No. 41: 9.1- 3BR per
Map No. 12082, recorded in the office of the County Recorder of
the County of San Diego on May 27, 1988, being more; par-
ticularly described as follows:
Beginning at the Northeasterly corner of said Lot 247 of said
City of Po way Tract No. 4191-3BR, theIlce South 17046'10" west,
6.68 feet, thence North 85035'43" West, 495.54 feet, thence
North 4024'17" East, 6.50 feet thence South 85035'43" East,
497.08 feet cHong the Northerly line of said Lot 247 to the
Point of Beginning.
GRANTOR, its heirs, successors, and assigns, shall .not erect or
construct or permit 'to be erected or constructed ,any building,
structure or improvement on, over or under any portion of the ease-
ment, nor shall GRANTOR, its hei,rs" successors, or assigns, plant
any tree or trees or plant any other vegetation or flora, nor dig
or drill any hole or wells on any portion Qf the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use
gates in. all fences .which now cross or' later cross any portion of
the easement. GRANTEE shall also be entitled to trim, cut, or
clear away any trees, brush, or other vegetation or flora from time
_to time 'as GRANTEE deteImines in its sole discretion without any
additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture,
or share all or any' port,ion of this easement with any other public
.agency or utility including, but not limited to, any agency
stipplying'water or sewer services or facilities to the public as
GRANTEE may determine ih its sole discretion without paying any
additional compensation to GRANTOR or GRANTOR's heirs, successors,
or assigns, therefor.
GRANTOR agrees that no other easement or easements shall be
granted on, under, or over this easement without obtaining the
prior written consent of GRANTEE.
GRANTEE may at' any time increase ;i:ts use of the easement,
change the location of pipelines or other facilities to the public
as GRANTEE may determine in its sole discretio~ from time to time
without paying any additional compensation to. GRANTOR or 'GRANTOR's
heirs, success.ors, or assigns, provided GRANTEE does not expand its
use of the easement beyond the easement boundaries described above.
It is also understood and agreed by the parties that the
GRANTOR and the GRANTOR's heirs, successors, or assigns, shall not
increase or decrease ,or permit to be increased or decreased the
exist'ing ground elevations of the above-de'scribed 'easement wl1ich
exists at the time this document is executed without obtaining the
prior written consent of the GRANTEE.
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In the event o;f any dispute involving this Agreement, whether
or not litigation. is commenced, or if any a~bitratioh proceed'ing,
adinini::>.trative proceeding 0.1' lit-igatien in law 0.1' in ,equity,
ihcludfng an actien for declaratery relie-f, is breught to enferce
0.1' interpret the previsiens 0.1' perfermance ef this easement, the
prevaiYing party shall ~e entitled to. an award ef all atterney's
fees and the cests ef the preceeding, which shall be determined by
the court 0.1' the presiding efficer having authority to. make this
determinatien.
GRANTOR expressly warrants and represents that GRANTOR has the
power to grant this easement in accerdance with its terms.
IN WITNESS WHEREOF, the GRANTOR has executed this Easement this
Z7 7JI- day ef CJc--ro/.1e~ ,19 88 .
Standard P~cific, L,P" a Delaware
limited partnership
By:
Stanpac Cerp, , a Delaware
Corporation, its Managing
Gener,al Partner
".
horized Rep.
This is to ~ertify that the interest in real 1>>'01)01ty ronveyed
bytlltd8edcj~-grantdetl'.dM';;>1Imtro~ sf~
, ;Jf/.<t.;r',~,) I.'.P. . ' . totheCity
of Poway, aPolitiCal corllOratJon and/or, governmental agency
Is hereby a~cepted by the undeBigned officer OT agent on b&-
half of the City Council pursuant to authority conferred by
Resolution No. 34 adopted on January 20. 1981 and the
gI8lItee consents to recGtdation thereof by its duly'aulhorized
officer.
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.f' -STATE OF CALIF-ORN'fA !
55,
COUNTY OF SAN-DIEGO
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SAID STATEJ PERSONALLY APPEARED
PERSONALLY KNOWN TO ME DR PROVED TO ME ON. THE BASIS OF SATISFACTORY EVI
WHO EXECUTED THE WITHIN INSTRUMENT AS THE AUTHORIZED REPRESENTATIYE(S) OF
DElAW~RE CORPORATION THAT EXECUTED THE W.ITHIN INSTRUMENT ON BEHALF OF
STANDARD PAcIFIC, l,P" A DELAWARE LIMITED PARTNERSHI~! ,HE PARTNER-
SHIP THAT EXECUTED THE WITHIN INSTRUMENTJ AND ACKNOWLEDGED TO ME THAT
SUCH CORPORATION EXECUTED THE SAME AS MANAGING GENERAL PARTNER OF SUCH
PARTNERSHIP AND THAT SUCH PARTNERSHIP EXECUTED THE SAME.
I~J:.ORE MEJ THE UNDE~SIGNED, A NOTARY PUBLIC IN AND Fl?R
m. O-V\ ~ SCL)(
WITNESS MY HAND AND OFFICIAL SEAL,
OFFICIAL SEAL
DOROTHY l. SENSKE
Notary Public-O:Jlfomla
SAN D!EGO COUNTY
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NOTARY PUBLIC
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My Comm. Exp, Sap. 30, 1992